DUI Lawyer Indio. The consequences of a DUI can be devastating. Besides losing your license, there's a lot at stake; depending on your history, you could go to prison. If you declined to take an alcohol test, you can face separate charges, and that can even result in tougher penalties. And fighting against a DUI case involving drugs is very different than fighting against a DUI involving alcohol.
Regardless of whether you're innocent or not, you should consult with an expert to find your best path forward. Trying to stand up for yourself against the prosecution is a fight that you need a team for, which is why the Law Offices of David S. Chesley is ready to stand by your side.
We are California's leading DUI defense lawyers and have extensive experience defending against all types of DUI charges. When you choose us, you're getting a team of veteran defense attorneys who know how to protect you in the Indio, CA, court system and get you the best outcome possible.
Acting fast is key to protecting your freedom and license. Get in touch anytime, day or night, at (800) 755-5174 or send us a note online to start building your defense today.
Indio, CA, DUI Lawyer Traffic Stop Tips:
Most people don't plan to be pulled over, but even if you've done nothing wrong, you need to know how to navigate the situation. Below are four tips from a Indio, CA, DUI Lawyer for you that will guide you through your next traffic stop:
Tip #1: Have Your Documents Ready
It's normal to be nervous after being pulled over and asked for your ID, registration, and insurance. If you're struggling to locate them and keep hold of them, the officer may think you're intoxicated. When you're already prepared to give them to the officer, you stop yourself from appearing inebriated.
Tip #2: If You or the Officer Smells Alcohol, Don't Speak
You aren't required to answer any questions if the officer says that they smell alcohol. You have Fifth Amendment protections during the entirety of your interactions with the law. Call your DUI lawyer and stay quiet until they arrive.
Tip #3: Don't Participate in Field Sobriety Tests, Unless Required
The state of California only legally requires drivers to participate in field sobriety tests if they are either under the age of 21, or are on probation. The officer may not like it, but they can't compel you to participate. However, if you have been arrested and refuse a blood or breath test, your license will be suspended.
Tip #4: Don't Argue With the Officer
Arguing with the officer won't help — it will increase your chances of getting in trouble. This isn't just something you're doing out of courtesy, though; it also helps your defense: Any time you open your mouth, whether or not the police asked you a question, you are giving the police more evidence, which can be used against you.
What Happens After a DUI Arrest in Indio?
California DUI Law allows an officer to arrest you without a BAC level over the limit, or even if you aren't tested at all. Police officers can do this because they when they rely on other methods to tell if you are impaired, generally with field sobriety tests, then decide whether or not to arrest you based on the results.
Right after your arrest, the CA legal system automatically begins the process for both a license suspension and criminal charges. You can expect the following steps to play out in your case:
- Suspension: Your license suspension effective immediately after your arrest – on the spot, you will be given a 30-day, temporary license, and you will lose your regular license (at least for now). Meanwhile, they are contacting the DMV about your DUI arrest, which updates their records to show your license as suspended.
- Arraignment: After your arrest and before your release, you will attend a hearing, and a prosecutor will give you a formal notice of the charges you're facing.
- DMV Hearing: As soon as you're released from jail, you'll need to start fighting for your license right away. This starts with arranging a DMV hearing, which you need to do within 10 days.
- Pretrial Motions: Often, at the same time as your arraignment, the court will set conditions for your release, pending a trial. Between your potential release and the trial, your Indio DUI defense attorney will be filing motions, including motions to throw out illegal evidence, and a "blood split" motion to retest your blood sample.
- Negotiations With the Prosecutor: While working through pretrial motions, your DUI defense attorney will contact the Indio district attorney to present you with plea deal offers that could protect your freedom. But if that doesn't work, your attorney should be building a defense now.
- Criminal Trial: It's rare that a DUI case will go to trial, but we're prepared to defend your license and freedom if it does.
- Sentencing/Sealing: Depending on the result of your case, you may face some form of sentence. However, if you are found not guilty or enough time has passed, our record clearing attorneys can help you get a fresh start.
Our DUI legal experts can provide you with advice on the best way to move forward, on both the criminal defense and license side. If you're facing a potential conviction, give us a call so that we can help!
Indio, CA, DUI Differences: Criminal Cases vs. DMV Hearings
Indio, CA, DUI charges require particular expertise because there are two sides that each need to be defended: The criminal case and the driver's case. These will never be handled in the same hearing, but a leading DUI defense attorney from our offices will fight for you in both cases.
Here are some things you need to know about both, and our process for defending your freedom and ability to drive:
Indio, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges. To fight them, you'll have to go through CA courts.
If you're familiar with the process of other criminal charges, DUI cases follow the same format – charges are formally filed against you, you'll probably be given bail and/or conditions of release, then your attorney will proceed with pretrial motions and negotiations. It's unlikely (but possible) that you'll reach a trial at some stage.
At the Law Offices of David S. Chesley, we craft a staunch defense and attack the allegations. We'll examine the lawfulness of the traffic stop, argue against he officer's observations, look for contaminations or errors in blood, breath, or urine tests, and look for witness testimony and other proof that can show the events in a more favorable light.
We know what it takes to keep DUI defense clients out of jail in Indio, CA. For several cases, we'll plea bargain for a reduction of the charges, typically to a wet reckless, exhibition of speed, or reckless driving charge. We'll also work to give you an alternative to jail, in the form of probation.
Indio, CA, DUI License Suspension
While it might be tempting to focus exclusively on the criminal case, you also need to consider the DMV and your license suspension. This suspension goes into effect regardless of where you're at in the criminal process, and if you want to fight it, you'll need to request an administrative hearing within ten days of being arrested.
When you go through the DMV hearing, your criminal charges may not be a major focus. In fact, your license can still be suspended even if you do not receive a criminal conviction. Instead, the focus of this hearing is whether or not you were legitimately arrested, if your BAC was at or above 0.08, the legal limit, or, if you refused to cooperate when the officer tried to test you, whether or not you were properly informed of the consequences. When you hire us, we'll work to undermine the legitimacy of the stop, the arrest, and the BAC reading.
After ten days, though, you're out of luck. Outside of rare cases, you don't get a second chance to schedule that hearing. This is why it's essential to contact a Indio DUI defense lawyer immediately after the arrest.
Potential Penalties for a DUI in Indio
Indio, CA, DUI criminal penalties can leave a mark on your record for life – though you could 'only' be facing misdemeanors, you're still facing a year in jail, or six months for a first offense.
Below, we've listed the different penalties you could be looking to avoid, depending on the nature of the allegations:
| DUI Criminal Charge | Jail/Prison Time | Fine |
|---|---|---|
| First Time DUI | 48 Hours to 6 Months | Up to $1,000 |
| Second Time DUI | 96 Hours to 1 Year | Up to $1,000 |
| Third Time DUI | 120 Days to 1 Year | Up to $1,000 |
| Fourth Time DUI (Felony) | 16 Months to 3 Years | Up to $1,000 |
| DUI Injury (Misdemeanor) | Up to 1 Year | Up to $1,000 |
| DUI Injury (Felony) | Up to 4 Years | Up to $5,000 |
| DUI Manslaughter (Misdemeanor) | Up to 1 Year | Up to $1,000 |
| DUI Manslaughter (Felony) | 4, 6 or 10 Years | Up to $10,000 |
You'll also be facing significant collateral consequences, such as elevated insurance costs and barriers between you and professional licenses.
DUIs and Immigration
DUI immigration consequences can be incredibly serious. The good news is that, currently, a first-time DUI is generally not grounds for removal. The bad news is that if certain circumstances apply, like DUIs causing injury or repeat offenses, you can qualify for deportation. What's worse, if H.R.875 passes, any DUI conviction will qualify an immigrant for deportation. If you are trying to become an American citizen, even if you aren't deported, it hurts your application process.
A DUI accusation doesn't have to end your time in the United States. You can get help from your Indio, CA, immigration lawyer. At the Law Offices of David S. Chesley, we don't stop at just defending you against the criminal charge: We'll explore diversion programs to protect your record, defend you against efforts to expel you from the country, and guide you through your citizenship application.
After the Case: Expungement/Sealing
Whether you're found innocent or not, odds are, you'll want to leave it in the past and move forward with your life. It doesn't take long to realize, though, that your arrest and/or criminal record doesn't go away easily. Depending on your case outcome, there's a chance you're eligible to either expunge or seal your records. A Indio, CA, DUI defense lawyer from the Law Offices of David S. Chesley can also assist with this process, and give you a way to clean your record.
Important Qualities You Need in a Indio, CA DUI Attorney
Up against DUI charges? It's imperative to pick the right lawyer to fight for you. Your team needs the talent, experience, and contacts to provide the optimal outcome for your case. When evaluating DUI lawyers in Indio, CA, you want to judge the following:
- Experience: As defense attorneys, and also prosecutors. At the Law Offices of David S. Chesley, you get a team that has former judges, district attorneys, and law enforcement, totalling more than 50 years of experience with the law.
- Availability: You shouldn't need to wait till 9 AM on Monday to contact an attorney. Our lines are never off, and you can contact us 24/7.
- Relationships: You need connections to get a good plea deal. Our firm has experience working with the prosecutors in Indio and all throughout CA.
- Reputation: Both in the community and in the legal sphere. We're proud to have received numerous accolades and to be recognized as the top DUI lawyer in California.
- Track Record of Success: Winners win. It's as simple as that. And we win, a lot. In fact, 95% of our DUI cases result in no jail time.
Our recent DUI Case results speak for themselves. We're ready to add you to our list of success stories.
DUI Case Types We Take On in Indio
Whatever type of DUI charge you need help with in Indio, CA – our DUI defense team is prepared for the charges.
Below, you can review a list of the DUI case types we have experience defending:
- Boating Under the Influence
- Breathalyzer Test
- Commercial Driver CDL DUI
- Disorderly Conduct
- Disturbing the Peace
- DMV Hearing Defense
- Driving with a Suspended License
- Driving Without a License
- Driving Without Insurance
- Drug DUI
- Drunk in Public
- DUI Alcohol
- DUI Accident Defense
- DUI and Professional Licenses in California
- DUI Blood Test Defense
- DUI Causing Injury
- DUI Checkpoint Defense Attorney
- DUI Defense Costs
- DUI Expungement in California
- DUI Immigration Consequences
- DUI in Construction Zones and School Zones
- DUI License Reinstatement
- DUI Probation Violation
- DUI Process – What to Expect
- DUI Marijuana
- DUI Prescription Drugs
- DUI Refusal Cases
- DUI Trial – Jury Trial Defense
- DUI Penalties
- DUI with Child Passenger
- Evasion
- Exhibition of Speed
- Felony DUI
- Field Sobriety Tests
- First-Time DUI
- Fourth DUI Felony Escalation
- Hit and Run
- Hit and Run DUI
- Hit and Run with Injury or Death
- Ignition Interlock Device Violations
- Illegal Traffic Stop – Probable Cause Defense
- Medical Conditions as a Defense to DUI
- Misdemeanor vs Felony DUI Overview
- Mouth Alcohol Defense to DUI
- Out-of-State DUI
- Public Intoxication
- Reckless Driving
- Rising Blood Alcohol Defense
- Street Racing
- Second Time DUI
- Third DUI California
- Title 17 Violation of Breath and Blood Test Procedures Defense
- Underage DUI
- Watson Murder / DUI Murder
- Wet Reckless
DUI Defense Strategies in Indio, CA
Our Indio, CA, DUI lawyers will examine your case and suggest a defensive strategy that will maximize your chances of a positive outcome. There is no one-size-fits-all defensive strategy against DUI allegations, but below, we've listed out some of the most effective ones.
Challenge the Legitimacy of the Arrest
If the officer didn't have probable cause to pull you over, or made an error when interviewing you, we can argue for your case to be dismissed. This defense is a good option if, for example, the police officer pulled you over without probable cause, the entire traffic stop could be made invalid.
Show Issues With BAC Tests
Chemical tests that measure the amount of alcohol in your blood, breath, or urine are strong evidence, but are not infallible. We will investigate whether or not the procedure was followed when administering the tests, retest when possible, and look for any issues in how the evidence was handled.
Challenge Field Sobriety Tests
Field sobriety tests, like 'one-leg stand,' are often used by officers to evaluate whether someone is impaired or not. But these tests are subjective. Your local DUI lawyer will inspect any records of the test and provide additional context for your performance, such as the stress of the situation.
Explain BAC With Medical Conditions
While the police can make mistakes with breathalyzer tests, most of the time they perform them properly. This could be bad news if you were tested and your BAC was .08 or higher. This may sound bad, but you do still have viable defense strategies. If you have a medical condition like diabetes, we can use that to help provide an alternate explanation to elevated BAC levels.
Get Immediate Help – Talk To Our Indio DUI Defense Lawyers RIGHT AWAY
If you've been arrested or accused of a DUI in Indio, CA, it can be a whirlwind of legal processes. You lose your license, you might be interrogated, you're given a court date…it's easy to be overwhelmed. In order to find a way out of all that, you need to get in touch with aIndio, CA, DUI lawyer right away.
Don't give the state a chance to put you behind bars. Don't miss your chance for a DMV administrative hearing to protect your license. Don't just sit idly by while everything collapses. Hire the Law Offices of David S. Chesley to represent you.
We're experts at defending all Indio, CA DUI charges. We're available to help immediately and will begin protecting your license and your rights immediately. Reach out to us now at (800) 755-5174 or tell us about your case online for a free case review.
We also provide the following legal services in Indio, CA:
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